« PreviousContinue »
the legislative powers of the Government the son's conduct at New Orleans in 1807—conduct expressions are all legislative powers herein in fact approved by him, and not disapproved granted shall be vested in the Congress of the of by any Congressional legislation---a comUnited States.' In that which grants the ex- mentary on the English form of government, a ecutive power, the expressions are, 'the execu-Government resting as to nearly all its powers tite power shall be vested in a President of the upon usage and precedent, or to the otherwise United States.' The enumeration ought, there- unsupported authority of the Chief-Justice, and fore, to be considered as intended merely to especially when, as in this instance, he seems specify the principal articles implied in the def- to have departed from or forgotten the docinition of executive power; leaving the rest to trines he maintained in the case in Howard. flow from the general grant of that power, in- If with the opinion the President now is terpreted in conformity with other parts of the supposed to hold, to use in part the words of Constitution, and with the principles of free President Jackson, in the protest referred to, government. The general doctrine of our Con- he should " be induced to act in a matter of stitution, then, is that the executive power of the official duty contrary to the honest convictions United States is vested in the President; sub- of his own mind, in compliance with the " ject only to the exceptions and qualifications (opinion of the Chief-Justice) “the constituwhich are expressed in the instrument." tional independence of the Executive depart
These letters were replied to by Mr. Madison, ment would be as effectually destroyed and its with the ability which ever characterized him, power as effectually transferred to " (the Judiin a series of others under the signature of “Hel- ciary department) “as if that end had been vidius; " and although he contested almost every accomplished by an amendment to the Conother constitntional proposition of Hamilton, he stitution, powhere called into doubt the correctness of his This paper has been made the more elaborate rale of construction. His silence under the cir- because of the justly high character of the camstances must, therefore, be assumed as his Chief-Justice of the United States, and because assent to the rule; and the rule, therefore, stands of a desire to satisfy the judgment of the people on the highest authority we can have—that of of the country upon the point in issue between the tivo ablest and purest statesmen the coun- that functionary and the President; a people try has ever possessed, and who were especially whom the President is faithfully serving with conspicuous in giving us the Constitution which, all the ability he possesses in this crisis of their uniting us as one people for all purposes re-Government, and whom he hopes to be able, quiring such a union, has so exclusively and when he retires from the elevated office in greatly promoted our power and prosperity as which their confidence has placed him, to leave a nation. The rule, too, was maintained in the in the peaceful and happy enjoyment of an strongest terms by President Jackson in his unbroken Union, and an undisturbed and faithprotest of the 15th of April, 1834.
ful execution of the laws. That rule, then, being the true one, the only question in the case is, whether the power which
Doo, 59. the President is exercising is in its nature an executive one. That it is, has been, it is be- A VIRGINIAN WHO IS NOT A TRAITOR. lieved, satisfactorily shown; and und the rule stated by Hilton, impliedly sanctioned by RESPONSE OF LIEUT. MAYO, '. s. N., TO THE Madison, and expressly adopted by Jackson, it
PROCLAMATION OF GOV, LETCHER. is in the President by force of the general del
U, S, Ship St. Mary's, Mare Island, Cal
To John Letcher, thought, has had no doubt, and is believed not an ordinance of “the Convention” issued now to entertain any, as to the authority which “the injunction of secrecy being removed "-he has exercised, and will, it is supposed, con- in form of a proclamation by order of the Govtinue to exercise. On such a point lie would ernor, by Geo. W. Munford, Secretary of the naturally be guided by such general reasoning Commonwealth. One section of this ordinance as is here assigned—the authority of Gen, Jack- reads thus: son's examplo at New Orleans, (not mentioned “And that he (the Governor) shall immeby the Chief Justice,) afterwards impliedly diately invite all efficient and worthy Virginians, sanctioned by Congress, who indemnified him and residents of Virginia in the Army and Navy for its exercise, and the solemn decision of the of the United States, to retire therefrom and Supreme Court, before mentioned, pronounced to enter the service of Virginia, assigning to thirteen years sinco, and never afterwards ques-them such rank as will not reverse the relativo tioned by that or any other tribunal--rather rank held by them in the United States service, than by the authorities relied on by the Chief- and will be at least equivalent thereto." Justice, that is to say, a clearly extra-judicial John Letcher, for the sake of the American observation of Chief-Justice Marshall, a mere character, I deplore that the “injunction of doubt of Mr. Justice Story, an alleged doubt of secrecy was removed. I was slow to believe Mr. Jefferson, nowhere, however, proved to that any body of Virginians, met in solemn have been felt, of the legality of Gen, Wilkin- I convention, could have deliberately authorized
Upon the whole, then, the President
, it is "Sien have this day seen for be first time
you, the Governor, to “invite" all efficient Convention,” made “public” by you, its organ. and worthy Virginians, and residents of Vir. It is cut from the same “secret” piece, dyed in ginia in the Army and Navy of the United the wool, as the perfidy of Harper's Ferry and States, to betray their trust, to turn their hand, Gosport Navy Yard. I decline to yield myself their efficiency, and their worth against the fing upon the invitation of "The Convention,” a which has given them all they have and all disgraceful subordinate to Jeff. Davis, and unthey are worth. I can hardly believe that worthy and inefficient Virginian that I am, not any body of the select men of the Old Domin- all the wealth, biped and landed; not all the ion coulă “invite ” any man through their Gov- honors which the Old Dominion can create, ernor, whether an “efficient or worthy Virgin- will ever seduce me from a full and unreserved ian” or even the bugbear of a Yankee " resident devotion to the Stars and Stripes. of Virginia,” to become an honorable deserter. You, sir, might have restored peace to your Even with the tangible evidence before me, I country, but you would not. W. K. Mayo, am in doubt as to the identity of the ordinance.
Lieutenant United States Navy. I feel assured, sir, that the fifty odd loyal and true men-reduced by some secret” political
Doc. 60, hocuspocus to a baker's dozen—who voted against secession, did their best to save the MEETING AT DOVER, DELAWARE, State from this execrable abuse of its people. Western Virginia, certainly, does not lend itself
JUNE 27, 1861. to such "invitations.” If I remember aright, The following are the resolutions passed on sir, the leading State Rights men of Virginia the occasion : declared, at the time of the Hartford Conven- 1, Resolved, That while we deeply deplore tion, that the secession of a State from the the revolution which has severed eleven States Federal Union was treason. How can leading from the Union, we prefer peace to civil war, State Rights men from Virginia now “invite and believe that if a reconciliation by peaceful the military officers of that same Federal Union means shall become impossible, the acknowlto commit the sin which then was so damna- edgment of the independence of the Confederate ble? What system of morals works the change? States is preferable to an attempt to conquer
John Letcher, I am not a politician, though and hold them as subjugated provinces. I am a Virginian by birth. "I am nó South- 2. That the reign of terror attempted to be erner, nor Northerner, nor Western man. I inaugurated by the war party, by denouncing am a citizen of the United States. It requires all men as disunionists, secessionists, and traino political acumen to discover that “ The Contors, who are opposed to civil war, and to the vention,” whose orders you obey by publishing palpable and gross violations of the Constitution, its own precept" for the benefit of the public,” committed by the present Administration, will perpetrated a gross fraud upon the people of not deter us from the expression of our opinions, Virginia and a grosser outrage upon the people both privately and publicly. and Government of the United States. Your 3. That we believe the effect of the docConvention has precipitated the State into trines and measures of the war party, if not hostility against the Government, and has in their object and intent, under the name of presulted the people. It has, however, as an offset serving the Union, will be the subversion of shown the hand of those who now, unhappily, the State Governments, and the erection of & direct the State.
consolidated government on the ruins of the John Letcher, I am not your mercenary, nor Federal Constitution, the mercenary of “The Convention.”—My pri- Resolved, That we tender our grateful thanks mary and only allegiance is due and rendered to Senators Bayard and Saulsbury, for the bold to the United States. The United States has and patriotic stand they assumed, in the recent cared for me for many years, and its flag is en session of the Thirty-sixth Congress, for the deared to me by too many associations to be maintenance of the peace and prosperity of our lightly abandoned and turned against in this now distracted country, and we earnestly rehour of its direst peril, particularly upon the quest them to use all honorable means to bring promises to pay of an exhausted Treasury and the “civil war" which now hangs over us liko the promises of "rank" from a State whose an incubus, to a speedy close, and, if in militia, by her own showing and invitation, is their judgment no other mode presents itself cominanded by a foreigner, who is a traitor to whereby this end can be attained, to advocate that Government to which the people of Vir- the acknowledgment by the United States Govginia are faithful despite the unholy and unpa- ernment of the independence of the Confederate triotic action of "The Convention."
States, so that peace and prosperity may be If, sir, I were to forsake the Stars and Stripes restored among us. in this dread hour and join your banner, what Resolved, That the menace demanding the assurance would you have that I would not be- resignation of the Hon. James A. Bayard, one tray you? Surely not that of honor, not that of our Senators in the Senate of the l'nited of patriotism.
States, originated in mob spirit, and should reJohn Letcher, Governor of Virginia, I scorn- ceive from him the scorn and contempt which fully reject the infamous proposal of “The lit merits from every honorable man,
Resolved, That, in the opinion of this meeting, special orders to the engineer to move a short there is no necessity for convening the Legis- distance down the road, and there await us. lature of this State.
He at once started off as quick and fast as he could, and ran, as we were informed by parties
along the road, “ as if the devil were after him," Doo. 605.
to Alexandria, where he probably yet remains. GEN. SCHENCK'S DEFENCE.
By taking off in this manner the one car, he
deprived us of all means of sending for reënCAMP Upton, Va., Tuesday, June 25, 1861. forcements, or of carrying our wounded back to I FIND in the telegrams of the 22d inst., the camp, except laboriously and painfully in blankfollowing "special despatch: "
ets. The case of surgical instruments which “A strict examination of the causes of the
our surgeon, who was with us all the time, had lamentable affair at Vienna, has resulted in the placed in charge of an attendant on the cars, exculpation of the engineer of the train which the poor sufferers
until next morning.
was carried off, and nothing could be done for took up the Ohio troops. The responsibility of the blunder which resulted so disastrously for the officers and men of the brigade attach no
The men who were present, and, in fact, all our troops, rests upon Gen. Schenck.'
blame to General Schenck, who only obeyed Now that you have published the above, will special orders from head-quarters, and, so far you do Gen. Schenck the justice to publish also from abusing, they all praise his coolness under this communication?
fire, his judgment and officer-like conduct in I was at the time acting aid to Gen. Schenck, rallying and forming his men on either side of and at his side both upon and during the the road. No officer could have obeyed his inaction, and have full knowledge, therefore, of structions better, and no man could have done every order given.
more to retrieve the disaster, and save his comThe First Ohio Regiment were taken on a mand from utter annihilation. train furnished by Gen. McDowell, and pur- This statement is not made to shield any one, suant to his orders. Six companies were left or to throw blame where it does not belong; at different points along the line of the Loudon but being present, and possessed of facts which and Hampshire Railroad. The four remaining probably but few have knowledge of, I write companies were to be stationed at Vienna. the above to render justice where justice is This same train had only the day before been at due.
WM. H. RAYNOR, Vienna-not at Vienna alone, but three miles
First Lieutenant, Co. G, Second Regiment 0. V. M beyond—with Gen. Tyler and staff, who reported “no evidence of troops in that neighborhood." It is true that some one told Gen.
Doc. 61. Schenck that some other man had heard that
GOV. PETTUS' PROCLAMATION. somebody had said that there had been 700 rebels at or near Vienna. He had no founda
EXECUTIVE OFFICE, JACKSON, M199., tion on which to base even a delay of so im
June 23, 1861. portant a move, let alone to disobey his orders. WHEREAS, it is probable that Mississippi will An officer, in the command of a post in the be called upon to put forth her full military enemy's country, soon learns to appreciate wild strength ; and whereas, arms manufactured rumors. When within a mile of the village, specially for war cannot be secured in sufficient the train was ordered to proceed cautiously, numbers to arm all who are willing and anxious and Major Hughes, with the General's field- to take part in the present conflict, I have glass, was placed as the lookout on the forward deemed it proper and necessary to the defence car.
of the State, to call the attention of the people The battery being masked by bushes, was to the fact that they have in their possession not discovered until the moment it opened fire. arms which can be made efficient for war pur. The train was almost instantly stopped. The poses, sufficient to arm twenty-five thousand General first ordered me to have the train men; and to invoke the aid of all State and drawn out of range. I immediately went to county officers in collecting these arms and the platform next the engine, which was in the placing them in reach of the State authorities, rear, followed by the General himself, who re- Let the Boards of Police of each county furthpeated his order after me. The engineer, who with assemble and send an agent into every was much excited and in evident fear, stam- police beat, and urge the citizens to send to mered out that the brakes were down, and he the county seat all surplus firearms, shot-guns, could not move.
I at once unloosed the brakes or rifles, of every description, new or old, in on the platform where we stood, ran back and order or out of order, and when collected, Jet unwound that of the car next behind, and gave them be valued by just and discreet men aporders to have all the rest done,
pointed by the Board of Police, and the State I then went back and informed the engineer will become responsible for their value to people of the fact. Meanwhile, some one uncoupled sending them. Let them be sent to Jackson the first car wi
the engine and tender, fro where they can be repaired. Small rifles can the rest of the train. The General then gave be bored to the proper calibre, old guns re
paired, and broken ones mended. I further the marshal ; and if any so admitted violate enjoin it on all officers of the State, and ear- the municipal laws and regulations, they shall nestly invoke the aid of all patriotic citizens, to be punished by the civil law and by the civil use every effort to collect the scattered arms tribunals.
Natal. P. BANKS, belonging to the State, and send them forward
Maj.-Gen. Commanding Dept. Annapolis, to Jackson. Let every company which is not in a position to receive arms from the State, arm themselves with double-barrelled shot-guns,
Doc. 625. (for they can be made as efficient as muskets or
VIEWS OF A SOUTHERNER. rifles,) and hold themselves in readiness to move at an hour's notice. If seconded in these We are permitted by a friend in Charleston measures, as I hope and believe I shall be, by to publish the following extracts from a private the gallant men of Mississippi, we will then be letter lately received from a distinguished statesable to send our insulted, invaded, and outraged man and able citizen, now in retirement: friends of the Border States all the aid they I thought also that if only Georgia would semay need, and have arms enough left to make cede with South Carolina, the North would see Mississippi a land of fire to an invading foe. at once the folly of any attempt at coercion,
JOHN J. PETTUS. and acknowledge our independence. But, lo! -Jackson Mississippian, June 25.
after seven States had seceded and formed a
new and glorious Constitution, they make war Doc. 62.
upon us; and after four other States had joined
us, and there was scarcely a doubt that three GEN. BANKS' PROCLAMATION. more would soon, they continued war on the HEAD-QUARTERS, DEPARTMENT OF ANNAPOLIS,
largest and most formidable scale. Interests!
July 1. These people are mad. The reason of it, aside In pursuance of orders issued from the head- from what I have said, is palpable to any requarters of the army at Washington for the flecting man who has travelled over Europe. preservation of the public peace in this depart If you have not done so, you may hesitate to ment, I have arrested, and now detain in the believe me when I say that the masses of eren custody of the United States, the late members Western Europe are less civilized than our neof the Board of Police, Messrs. Charles How- groes. With greater capacity for it, they liave ard, Wm. Getchell, John Hincks, and John W. been forever so ground down that they have Davis. The incidents of the past week have no more knowledge, and far less sentiment and afforded justification of this order. The head- polish than even our rice negroes. Some fire quarters under the charge of the board, when millions of them have been precipitated upon abandoned by their officers, resembled in some the North in these last twenty years, and have respects a concealed arsenal. After a public been made, by Sewards, Greeleys, Beechers, recognition and protest against the suspension &c., &c., to suck in the hydrogen gas of madof their functions, they continued their sessions ness under the name of liberty. Thus their daily. Upon a forced and unwarrantable inter- votes have been secured for their infamous Repretation of my proclamation of the 28th ult., publican party. But Seward and Greeley split. they declared that the police law was suspend- Seward wished to keep them in order, Greeley ed, and that the police officers and men were insane himself) turned them loose on Seward, put off duty for the present, intending to leave made them put Soulouque Lincoln on the the city without any police protection what- throne, and compelled Seward to act as his ever.
Prince of Marmalade. Now, what next? “The They refused to recognize the officers and wind bloweth where it listeth.” But there is a men necessarily selected by the Provost Mar- God over all. And, certainly, He has thus far shal for its protection, and hold subject to their been with us. orders now and hereafter the old police force, The wealth of the North, great nominally, is a large body of armed men for some purpose on the surface of the earth. Cities, machinenot known to the Government, and inconsistent shops, railroads, ships, stocks, &c., &c. It has with its peace and security. To anticipate any no vitality-no power of production, but what intentions or orders on their part, I have placed labor gives it. But there, as everywhere, all temporarily a portion of the force under my seek to avoid “the sweat of the brow," and command within the city.
prefer to labor with the brain rather than with I disclaim on the part of the Government I the muscles. Hence their cultivated ingenuity, represent, all desire, intention and purpose, to Ilence the credit system, the banks and bills of interfere in any manner with the ordinary mu- exchange, which came in first with the nonnicipal affairs of the city of Baltimore. When working Israelites, and after, withal, when ever a loyal citizen can be named who will ex- slavery began to decay in the old world. But ecute its police laws with impartiality and in this credit system is å bubble which floats on good faith to the United States, the military till it is punctured, and there's an end. force will be withdrawn from the principal The wealth of the South consists in the solid portions of said city. No soldiers will be per- earth from its surface to its centre; in real mitted in the city, except under regulations to compulsory labor, and in ample brain to man
age that and much more. With this labor, 1“isms ” seem to have the whip-hand of reason well recompensed, we draw from a bountiful and interest. If Russell did write what is exsoil, millions and millions of money-real money tracted from his sixth letter, and Lord John -year after year; wholly independent of any did say that our privateers should not carry other power than our good God. We need prizes into British ports, thus changing all that no credit from banks and capitalists to sow our the law of nations has established as to belliseeds and harvest its fruits. Credit is to us a gerent rights, I give the whole world up to its nuisance, nay, the upas tree, the fatal tempter. "isms.” Without any uselessly harsh expresAnd so far as we, or any one of us, have taken sions, we should quietly take the ground that in its fatal poison, just so far we depart from if our exports are not wanted we can live our true policy, and the part assigned us in this within ourselves, and it shall be prohibited to world. Whenever, as from time to time it send them abroad. Let them try that, and if must happen, that the bubble credit is punc- England breaks the blockade for cotton, rice, tured, all those (and none but those) who have and tobacco, make her say “Please, sir," yielded to the temptation are destroyed. under the guns of our forts before she shall
Now, credit has collapsed in the North, and, have a pound of any thing. I may as well say in the South, but with this Among all the extraordinary events of the difference: The North have no rents, no divi- last few months, the most surprising, the most dends, no freights, no humbug speculations in marvellous, and the most fearful, is the palpatheir future. The South has already half ble revelation that the people of the free States, grown a crop, the surplus of which will com- high and low, from Everett and Cushing to the mand in the markets of the world two hundred lowest Zouave, including Meagher, were fully millions of specie, and she will have the same ripe for a military despotism. They have acor more next year, and the next, unless she is cepted it without a moment's hesitation, given overrun and subjugated, which cannot be done, their Constitution to the winds, rushed into its or her ports blockaded, which possibly may be embrace, and surrendered themselves without done. But in the latter case, this is her sur- a murmur and without reserve, to the power plus, and she can live longer without it than of a man who is known to bave no experience any customer for it can. Our resources then in arms or government, and who has shown are immense, annually recurring independently himself to be a blackguard, a liar, and a cowof the world, and inexhaustible. The North is ard. Such stupidity and baseness are without already nearly used up. The last small loan at parallel in human history. 85—the next at, if larger, 50 or 40. With her
-Charleston Courier, June 21. grand cities, her magnificent machine shops, her railroads and her vast tonnage, what can
Doo. 63. they do without the vital current with which our labor has hitherto mainly supplied them? SPEECII OF CHARLES D. DRAKE, I don't see how they can ever again bring into the field any thing like the forces they now DELIVERED AT THE CITY OF LOUISIANA, MO., have, por how they can sustain these for any
JULY 4, 1861. length of time.
Fellow-CITIZENS:-Honored by your invitaNow is the time to put forth all our strength. tion to address you on this venerated and cherOar banks should be abolished in favor of indi- ished anniversary, I was led to comply, not vidual brokers, who would do all they do for less by a sense of dutiful obligation to our us, and better. Our Government wants money mother land, than by the impulse of true and now. It wants to anticipate the revenue, and reverent affection for those free institutions, so much of the growing crop as planters can which have been to the American people only give up. How can it do it?" Your papers are a fountain of inestimable blessings, but which silent on the recent act authorizing a loan. It are now threatened with disaster, if not subis not at all understood in the country, and no- version and destruction. Clouds and darkness body comes here, as Stephens in Georgia, to are above us; the fires of unholy and reckless enlighten the people and stir them up.
passions are around us; the convulsed earth We all know that our all is on the issne, but trembles beneath us; and there is no Washingwe don't know how to make it TELL. I know, TON! and all could soon be made to know, that if the At such a time, I rejoice-and who that preConfederate Government goes down we all go tends to patriotism will not rejoice?—that I down, and that property, and even life, outside can still salute you as fellow-citizens, not only of its success, is nothing. It is our mission, I of the noble State we inhabit, but of those think, to come out of this with negro slavery United States, to the Union of which Missouri established and recognized, as the true basis of owes her existence as an American State, and society and government in all staple-growing from the Union of which her people have recountries. I thought the North would see and ceived untold benefits. The bond of brotherfollow its interests. I thought Europe would hood between us is not yet severed; and here, do the same, and supposed it had done it when as brothers, beneath the glorious flag which England agreed to recognize us as “ belliger- symbolizes that Union, let us devoutly thank ents,” which is all the recognition I want. But the God of our fathers for His goodness in the